Property Rights of De Facto Relationships in the Philippines

Can a de facto partner claim your assets and superannuation in the Philippines?

In the Philippines, the legal framework governing relationships, property rights, and inheritance is predominantly rooted in formal marriage. Unlike some countries that recognize de facto relationships and accord them similar rights to married couples, the Philippines does not have comprehensive laws that grant de facto partners automatic claims to assets or superannuation.

Legal Status of De Facto Relationships

A de facto relationship, often referred to as a common-law partnership, is not explicitly recognized under Philippine law. The Family Code of the Philippines primarily governs family and marital relationships, and it does not extend the same legal protections or rights to couples who live together without being legally married. As such, the property rights and inheritance claims that apply to married couples do not automatically apply to de facto partners.

Property Rights and Inheritance

1. Property Ownership: In the absence of a formal marriage, each partner in a de facto relationship retains ownership of property and assets acquired in their own name. Jointly owned property is governed by the terms agreed upon by the partners, usually documented through contracts or co-ownership agreements. Without such agreements, disputes over property can become complicated.

2. Inheritance Rights: Under Philippine law, inheritance rights are clearly defined for legal heirs, which include spouses, legitimate children, and other family members as specified in the Civil Code. De facto partners are not considered legal heirs, and thus do not have a statutory right to inherit from each other unless explicitly named in a will.

Superannuation and Retirement Benefits

In the Philippines, the concept of superannuation is not as prevalent as it is in countries like Australia. Retirement benefits are typically managed through the Social Security System (SSS) for private-sector employees, the Government Service Insurance System (GSIS) for public-sector employees, and private pension plans.

1. SSS and GSIS Benefits: These benefits are usually payable to the legal spouse, legitimate children, and other legal dependents. De facto partners are not automatically entitled to these benefits unless they are named as beneficiaries.

2. Private Pension Plans: Similar to public pension systems, private pension plans generally follow the same beneficiary rules unless the plan member specifically designates their de facto partner as a beneficiary.

Legal Protection and Agreements

To safeguard their interests, de facto partners in the Philippines can take certain legal steps:

1. Cohabitation Agreements: Partners can enter into cohabitation agreements outlining the terms of property ownership, financial arrangements, and other aspects of their relationship. This can help prevent disputes and provide clarity in the event of separation.

2. Wills and Testaments: Individuals can draft wills to ensure that their de facto partners are included as beneficiaries of their estate. This is particularly important in the Philippines, where inheritance laws favor legal heirs.

3. Insurance Policies and Bank Accounts: Partners can name each other as beneficiaries on insurance policies and joint bank accounts, providing some measure of financial security.

Conclusion

In summary, while de facto relationships in the Philippines do not confer the same legal rights and protections as formal marriages, partners can take proactive legal measures to protect their interests. It is advisable for de facto partners to seek legal advice to ensure their rights and wishes are adequately safeguarded.